General Terms and Conditions
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General Terms and Conditions with Customer Information
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Table of Contents
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1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Terms of Payment
5. Terms of Delivery and Shipping
6. Reservation of Title
7. Liability for Defects (Warranty)
8. Redemption of Promotional Vouchers
9. Redemption of Gift Vouchers
10. Applicable Law
11. Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions of the Customer are hereby excluded. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These General Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly agreed.
1.3 A consumer in the sense of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller's online shop do not represent binding offers on the part of the Seller, but are used for the submission of a binding offer by the Customer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
- by requesting payment from the customer after the customer has placed his order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by his declaration of intent.
2.4 If the Customer selects a payment method offered by PayPal, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the Terms and Conditions for Payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that concludes the ordering process.
2.5 If the payment method "Amazon Payments" is selected, the payment will be processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that concludes the order process.
2.6 When an offer is made via the Seller's online order form, the text of the contract is stored by the Seller after the contract is concluded and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending his order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via his password-protected user account by providing the relevant login data.
2.7 Before bindingly placing the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.8 The German and English languages are available for the conclusion of the contract.
2.9 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address he/she provides for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.4 If the payment method "SOFORT" is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account that has been activated for participation in "SOFORT", must identify himself accordingly during the payment process and must confirm the payment instruction to "SOFORT". The payment transaction will be carried out immediately afterwards by "SOFORT" and the customer's bank account will be debited. More detailed information about the payment method "SOFORT" can be found by the customer on the internet at https://www.klarna.com/sofort/.
4.5 If a payment method offered via the payment service "Shopify Payments" is selected, the payment will be processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.
4.6 If the SEPA Direct Debit payment method is selected, the invoice amount is due for payment after a SEPA Direct Debit mandate has been issued, but not before the deadline for the advance information. The direct debit is collected when the ordered goods leave the seller's warehouse, but not before the expiry of the deadline for the pre-notification. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer announcing a debit by SEPA direct debit. If the direct debit is not honoured due to a lack of sufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit although he is not entitled to do so, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if he is responsible for this.
4.7 In the case of purchase by direct debit, the payment amount shall be due immediately for payment by direct debit by our external partner Billpay GmbH, Zinnowitzer Str. 1, 10115 Berlin (hereinafter "Billpay") from the current account specified in the ordering process at the credit institution specified therein (the current account). You hereby grant Billpay a SEPA direct debit mandate to collect payments due and instruct your financial institution to honour the direct debits. The creditor identification number of Billpay is DE19ZZ00000237180. The mandate reference number will be emailed to you at a later date along with a template for a written mandate. You will also sign this written mandate and send it to Billpay. Note: Within eight weeks, starting with the debit date, you can request a refund of the debited amount. The conditions agreed with your financial institution apply. Please note that the amount due will remain payable even in the event of a return debit note. For more information, please visit https://www.billpay.de/sepa.
Advance information on the collection of the SEPA direct debit will be sent to you by email at least one day before the due date to the email address you provided during the ordering process. If the current account does not have the required cover, the account-holding bank is not obliged to honour the direct debit. Partial redemptions are not made in the direct debit procedure. The payment method purchase by direct debit does not exist for all offers and requires, among other things, a successful credit check by Billpay, as well as a current account maintained in Germany. If the customer is permitted to purchase by direct debit for certain offers after the creditworthiness has been checked, the payment shall be processed in cooperation with Billpay, to which the seller shall assign its payment claim. The seller shall remain responsible for general customer inquiries (e.g. regarding the goods, delivery time, shipment), returns, complaints, revocation declarations and deliveries or credit notes even if the purchase is made by direct debit via Billpay. The general terms and conditions of Billpay apply, which can be accessed via the following link:
https://www.billpay.de/allgemein/datenschutz/
By specifying the current account, you confirm that you are entitled to direct debit via the corresponding current account and that you will ensure the necessary coverage. Return debit notes are associated with a high effort and costs for the seller and Billpay. In the event of a return debit note (due to lack of required coverage of the current account, due to expiration of the current account or unauthorized objection by the account holder), you authorize Billpay to submit the debit note for the respective due payment obligation a second time. In such a case, you shall be obliged to pay the costs incurred by the return debit note. We reserve the right to make further claims. You will be given the opportunity to prove that lower costs or no costs at all were incurred as a result of the return debit note. In view of the effort and costs involved in return direct debits and in order to avoid the processing fee, we ask you not to object to the direct debit in the event of a revocation or withdrawal from the purchase contract, a return or a complaint. In such a case, after consultation with the seller, the reversal of the payment will be made by re-transfer of the corresponding amount or by credit note.
4.8 If the payment method "PayPal Direct Debit" is selected, PayPal shall collect the invoice amount from the customer's bank account after a SEPA direct debit mandate has been issued, but not before the expiry of the deadline for the pre-notification on behalf of the seller. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer announcing a debit via SEPA Direct Debit. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit even though he is not entitled to do so, the customer shall bear the charges incurred by the respective credit institution as a result of the chargeback if he is responsible for this.
5) Terms of delivery and shipment
5.1 The delivery of goods is carried out by shipping to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the Seller's order processing shall be decisive in the processing of the transaction.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of revocation. In the event that the customer effectively exercises its right of revocation, the provision made in the seller's revocation instructions shall apply to the costs of returning the goods.
5.3 Self-collection is not possible for logistical reasons.
5.4 Vouchers are handed over to the customer as follows:
- by download
- by e-mail
- by post
6) Retention of title
If the seller makes advance payments, he retains title to the goods delivered until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 Deviating from this, the following applies to used goods: Claims for defects are excluded if the defect only occurs after the expiry of one year from delivery of the goods. Defects which occur within one year of delivery of the goods may be claimed within the statutory period of limitation. However, the reduction of the liability period to one year shall not apply
- to items which have been used for a building in accordance with their customary use and have caused its defectiveness,
- to claims for damages and reimbursement of expenses of the customer, as well as
- in the event that the seller has fraudulently concealed the defect.
7.3 The customer is requested to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller about this. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
8) Redemption of promotional vouchers
8.1 Vouchers which are issued free of charge by the Seller as part of promotions with a specific period of validity and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only during the specified period.
8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
8.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.4 Several promotional vouchers can be redeemed for one order.
8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
8.7 The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.
8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of their statutory right of cancellation.
8.9 The promotional voucher is only intended for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
9) Redemption of Gift Vouchers
9.1 Gift Vouchers that can be purchased through the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the Gift Voucher.
9.2 Gift Vouchers and remaining Gift Voucher balances are redeemable until the end of the third year following the year of purchase of the Gift Voucher. Remaining balances will be credited to the customer until the expiry date.
9.3 Gift Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4 Multiple gift vouchers can be redeemed on the same order.
9.5 Gift Vouchers can only be used to purchase goods and cannot be used to purchase additional Gift Vouchers.
9.6 If the value of the Gift Voucher is insufficient to cover the cost of the order, you may choose to pay the difference by one of the other payment methods offered by the Seller.
9.7 The balance of a Gift Voucher will not be paid out in cash and will not accrue interest.
9.8 The Gift Voucher is intended for use only by the person named on it. The Gift Voucher may not be transferred to any third party. The Seller is entitled, but not obliged, to verify the material eligibility of the relevant Gift Voucher holder.
10) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
11) Alternative dispute resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
11.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
